Northern Territory Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

YOUTH JUSTICE (CONSEQUENTIAL AMENDMENTS) BILL (NO. 2) 2005

Serial 11
Youth Justice (Consequential Amendments) Bill (No. 2) 2005
Dr Toyne







A BILL
for

AN ACT
to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005













NORTHERN TERRITORY OF AUSTRALIA

Youth JUstice (Consequential AMENDMENTs) ACT 2005

____________________

Act No. [ ] of 2005

____________________


TABLE OF PROVISIONS

   Section











NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2005

____________________

AN ACT

to amend various Acts and subordinate legislation consequent on the enactment of the Youth Justice Act 2005

[Assented to [ ] 2005]

[Second reading [ ] 2005]

The Legislative Assembly of the Northern Territory enacts as follows:

Short title

This Act may be cited as the Youth Justice (Consequential Amendments) Act 2005.

Commencement

This Act comes into operation on the commencement of the Youth Justice Act 2005.

Amendment of Justices Act

(1) This section amends the Justices Act.

(2) Sections 123A and 161 –

repeal

Amendment of Police Administration Act

(1) This section amends the Police Administration Act.

(2) Section 4(1), definition of "forensic procedure approval", paragraph (b) –

omit, substitute

(b) a magistrate under section 30 or 31 of the Youth Justice Act;

(3) Section 4(1), definition of "forensic procedure approval", paragraph (c)(ii) –

omit, substitute

(ii) section 31(2)(b) of the Youth Justice Act;

(4) Section 14A(1)(b) –

omit

(5) Section 14A(2)(b) –

omit, substitute

(2) Without limiting subsection (1), general orders may include a code of conduct to be observed in the Police Force.

(6) Part VII, Division 2B –

repeal

(7) Section 133A, definition of "person" –

omit

juvenile as defined in the Juvenile Justice Act

substitute

youth within the meaning of the Youth Justice Act

(8) Section 145B(3) –

omit

(9) Section 147E(4)(a)(ii) –

omit, substitute

(ii) on a youth – section 30 of the Youth Justice Act; or

(10) Section 147E(4)(b)(ii) –

omit, substitute

(ii) on a youth – section 31 of the Youth Justice Act.

(11) Section 147E(6), definition of "juvenile" –

omit, substitute

"youth" has the same meaning as in the Youth Justice Act.

Amendment of other laws

(1) This section amends the laws specified in the Schedule.

(2) The Schedule has effect.

Amendment by regulation or rule authorised

(1) A regulation amended as set out in the Schedule may be amended or repealed by a regulation as if the amendment had been made by a regulation.

(2) A rule amended as set out in the Schedule may be amended or repealed by a rule as if the amendment had been made by a rule.

Expiry of Act

This Act expires on the day after it commences.

____________________________

SCHEDULE

Section 

AMENDMENT OF OTHER LAWS

Provision
Amendment

omit
substitute
Bail Act

Section 3(1)

– definition of "appeal", paragraph (b)

– definition of "court", paragraph (c)

section 58 of the Juvenile Justice Act

the whole paragraph

section 144 of the Youth Justice Act

(c) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act;
Section 24(1)(c)(iv)
a juvenile within the meaning of the Juvenile Justice Act, the likelihood of injury or danger being caused to the child or juvenile
a youth within the meaning of the Youth Justice Act, the likelihood of injury or danger being caused to the child or youth
Bail Regulations

Schedule

– Forms 1, 3 and 4

Juvenile Court
(all references)

Youth Justice Court
Child Protection (Offender Reporting and Registration) Act

Section 3

– definition of "detainee"

– definition of "good behaviour bond", paragraph (b)

Juvenile Justice Act

section 53(1)(d) of the Juvenile Justice Act

Youth Justice Act

section 83(1)(f) of the Youth Justice Act

– definition of "sentence", paragraph (a)
section 53 of the Juvenile Justice Act
Part 6 of the Youth Justice Act
– definition of "supervised sentence"

– paragraph (a)





– paragraph (b)


home detention order





Juvenile Justice Act


home detention order under the Sentencing Act or an alternative detention order under the Youth Justice Act

Youth Justice Act
Section 69

– definition of "court", paragraph (a)

Juvenile Court

Youth Justice Court
Section 91(1)(d)
juvenile
youth
Section 93(1)(c)
juvenile
child
Coroners Act

Section 12(1)

– definition of "person held in custody", paragraph (b)(ii)

Juvenile Justice Act

Youth Justice Act
Court Security Act

Section 4

– definition of "court", paragraph (d)

the whole paragraph

(d) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act;
Crimes (Victims Assistance) Act

Section 25B(5)
juvenile
youth within the meaning of the Youth Justice Act

Criminal Code

Section 164(3)
section 39(2) of the Juvenile Justice Act
section 82(3) of the Youth Justice Act
Criminal Records (Spent Convictions) Act

Section 3(1)

– definition of "court", paragraph (b)

the whole paragraph

(b) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act;
– definition of "criminal record"

• paragraph (d)

– paragraph (j)

section 53 of the Juvenile Justice Act

juvenile

Part 6 of the Youth Justice Act

youth
– definition of "detention centre"
juvenile detention centre approved under section 62 of the Juvenile Justice Act
youth detention centre approved under section 147 of the Youth Justice Act
– definition of "imprisonment", paragraph (b)
section 53(5) of the Juvenile Justice Act
section 83(1)(k) of the Youth Justice Act
Section 3(2)(e)
section 53 of the Juvenile Justice Act
Part 6 of the Youth Justice Act
Section 4(3)(b)
section 90 of the Juvenile Justice Act
section 136 of the Youth Justice Act
Section 6(2)(a)
Juvenile Court within the meaning of the Juvenile Justice Act
Youth Justice Court within the meaning of the Youth Justice Act
Section 6(2A)
Juvenile Court (within the meaning of the Juvenile Justice Act)
Youth Justice Court (within the meaning of the Youth Justice Act)

Section 6A(1)

– definition of "offender"

Juvenile Court (within the meaning of the Juvenile Justice Act)

Youth Justice Court (within the meaning of the Youth Justice Act)
Section 7(3)
section 53 of the Juvenile Justice Act, not being an order made under subsection (1)(a) of that section
section 83 of the Youth Justice Act, not being an order made under subsection (1)(a) or (b) of that section
Director of Public Prosecutions Act

Section 22(b)
juvenile court
Youth Justice Court
Evidence Act

Section 21A(5)
Juvenile Justice Act
Youth Justice Act
Section 49

– definition of "Territory Court", paragraph (e)

Juvenile Court

Youth Justice Court
Fines and Penalties (Recovery) Act

Section 3(2)
Juvenile Justice Act
Youth Justice Act
Section 5

– definition of "juvenile"

the whole definition

"youth" has the same meaning as in the Youth Justice Act.
(insert in alphabetical order)
Section 7(2)
juvenile
youth
Section 35(3)
Juvenile Justice Act
Youth Justice Act
Section 46(6)
juvenile

Juvenile Court
youth

Youth Justice Court

Section 77(3)(a)
the whole paragraph
(a) sections 95 and 96(1) of the Youth Justice Act; and
Section 84(2)
Juvenile Justice Act
Youth Justice Act
Section 87(2)

juvenile
youth
Section 110(1) and (2)
juvenile
(all references)
youth
Section 121(3) and (4)
Juvenile Justice Act
Youth Justice Act
Law Reform (Miscellaneous Provisions) Act

Section 29A(3)
Juvenile Justice Act
Youth Justice Act
Personal Injuries (Liabilities and Damages) Act

Section 7(7)

– definition of "community work"

Juvenile Justice Act

Youth Justice Act
Prisoners (Interstate Transfer) Act

Section 3(1)

– definition of "Territory sentence of imprisonment"


Juvenile Justice Act

Youth Justice Act
Prisons (Correctional Services) Act

Section 21(1)
Juvenile Justice Act
Youth Justice Act
Records of Depositions Act

Section 4(c)
Juvenile Court
Youth Justice Court

Sentencing Act

Section 4
Juvenile Court established under the Juvenile Justice Act and the Supreme Court when exercising its jurisdiction under or in pursuance of that Act
Youth Justice Court continued in existence by the Youth Justice Act
Supreme Court Rules

Rule 81A.41(1)(b)
Juvenile Justice Act
Youth Justice Act
Rule 83.01

– definition of "Acts"

Juvenile Justice Act

Youth Justice Act
Uncollected Goods Regulations

Regulation 2(b)(i)
the whole subparagraph
Work Health Act

Section 3(4)
section 53(1)(e) of the Juvenile Justice Act
section 83(1)(h) of the Youth Justice Act

____________________________
__________________

ALTERATION TO SECTION HEADINGS

On the day on which the Child Protection (Offender Reporting and Registration) Act is amended by this Act, the heading to section 38 is altered by omitting "juvenile" and substituting "child".

On the day on which the Fines and Penalties (Recovery) Act is amended by this Act, the heading to section 110 is altered by omitting "juvenile" and substituting "youth".

On the day on which the Prisons (Correctional Services) Act is amended by this Act, the heading to section 21 is altered by omitting "juvenile" and substituting "youth".


 

[Index] [Search] [Download] [Related Items] [Help]